THE SARATOGA FARMERS’ MARKET ASSOCIATION, INC
RULES AND REGULATIONS (12/02/09)
1. Membership rights may be transferred to a relative in the immediate family, pending approval of the board. If the enterprise is sold outside the family, the rights and privileges of membership in the Association may not be sold with the business.
2. Members are encouraged to attend all Association membership meetings. Members must attend at least half of the regular membership meetings during each calendar year. Members who are scheduled to be out of the area must notify the secretary in writing prior to their departure with their forwarding address. Consideration will be given for meetings that are missed during that period. Members who are unable to attend for any other reason must notify the President or the Secretary of the extenuating circumstances. Failure to attend the required number of meetings will affect the member’s standing in the Association with negative results on member’s stall assignment.
3a. The Board of Directors may, at its discretion, grant a leave of absence on a yearly basis to a vendor who applies in writing to the Board. To be eligible for a leave of absence, a vendor must have been actively selling for at least one year at the market(s) for which the leave is requested. The vendor must continue to pay a membership fee and twenty dollars leave of absence fee for each market that a leave is granted. This will guarantee the vendor’s position in those markets for the following year.
3b. At the board’s discretion, this space may be assigned to another member on a temporary basis, for that year.
3c. Vendors on leave shall inform the board on their application of their intent to return to the market site. When the member on leave returns, the member filling their position will either be reassigned to another space, if available, or retain their position on the waiting list.
4. The Association reserves the right to cancel the privileges of any member who, in the opinion of the Board of Directors, has willfully violated the Rules and Regulations governing the Association and the markets. Vendors are responsible for the conduct of all their employees at all times at the markets. The conduct of employees will be considered the conduct of vendors.
5. The Board of Directors reserves the right to appoint a committee to inspect any member’s farm or establishment with advance notice. Inspections will be made only with the members or their representative present unless written permission is given by the member. Members must provide any help necessary to thoroughly document products and conditions recorded at the inspection. If issues are identified the member will be notified by the secretary in writing of the results of the inspection within seven days of the inspection.
6. Membership dues and market fees are established annually by the board of directors, subject to approval of the membership.
7. Membership applications will be reviewed by the Board of Directors in the months of February and September. For the good of the market the registrar may, at his or her discretion, contact the board by email regarding an out-of-season application, for action by the board. If any applications come earlier than one month before the first fall board meeting, the registrar will return the check unless the application is acted upon by the board.
8. In recognition that SFMA is a “farmers market” 75% of the members/vendors must be involved in agricultural production for the market as determined by the board of directors.
9. Any member who is proven to have purchased items and resold them, or who is reported by the market manager to have willfully refused to obey the market manager’s express direction, will be suspended from their markets and from association membership rights and privileges immediately for a month. A second occasion of this infraction at any point will result in immediate and permanent expulsion from the association.
Any member who has a total of three lesser infractions in one market season or five over two years, assessed by the board of directors and reviewed by the judicial affairs committee, may be permanently expelled from the association.
II SELLING AT MARKET
1. The use of the markets is restricted to members who are bona-fide growers, craft persons, producers of scratch-made products, or other vendors approved by the Board of Directors.
2. IT IS ABSOLUTELY AGAINST THE POLICY OF THE ASSOCIATION FOR ANY MEMBER TO PURCHASE ITEMS AND RESELL THEM AS PURCHASED OR REPACKAGED AT THE MARKETS. Only products produced by a member or his/her household or employee on land owned or rented by that member may be sold or given away at the market, provided the product category was approved on the member’s application. Only products produced within the membership areas of Saratoga, Washington, Schenectady, or Rensselaer Counties may be sold at the markets. The Board of Directors has the authority to review and accept applications from vendors outside currently recognized counties on an as-needed basis for the benefit of the markets.
3a. The markets will be open regardless of weather conditions. For safety reasons, vendors should have their vehicles in place one half-hour before the opening of the markets. No products shall be bagged or sold until the designated time for the market to open. Once at the market vendors must stay until the market is over. In case of emergency or special situation where it is necessary to leave early, vendors must consult with the market manager. Vendors must have their market sites dismantled, packed up, and cleaned within a reasonable time of the market closure. Any vendor who fails to follow the rules and regulations will be subject to disciplinary action.
3b. No vehicles within the market area may be moved during market hours for safety reasons.
3c. One vehicle per vendor stall will be allowed. All other vehicles shall be parked in parking lots.
3d. Vendors set up on the lawn must park their vehicle in the parking lot. Vehicles are not allowed on the lawns.
4. Market and product items, once approved by the Board for a member at a specific market, will generally be re-approved for the following season provided it is marked properly on the member’s application. However, the Board reserves the right to deny an item or product at their discretion. The Board of Directors shall take into account the overall balance of the market when accepting members and their products.
5. All member complaints must be addressed in writing to the Market Manager or the President.
6. It is the responsibility of each vendor to provide the registrar with all licenses, seals, permits, certifications, sales tax information, proof of insurance, and other requirements for the sale of any items. Each member is responsible for meeting all applicable federal, state, and local laws and regulations.
7. Vendors shall remain on their own market space when selling products. Sales shall be conducted in an orderly business manner. No shouting, hawking, or other objectionable means of soliciting shall be tolerated. Vendors shall exhibit courtesy and cooperation to customers and to other vendors selling at the market.
8. The Association shall carry liability insurance to protect the Association and the Board of Directors for their actions on behalf of the Association.
9. Vendors must carry product and general liability insurance at $100,000 minimum, naming SFMA as “additional insured.”
10. Each vendor will be responsible for all equipment and supplies for the setup of his or her booth (table, scales, bags, signs, etc.). Vendors who provide samples and/or products (such as corn cobs, rinds, cups), which result in waste material, shall provide containers for such waste disposal. All equipment, supplies and any waste products generated must be taken home by the vendor after each market.
11. Each vendor must identify themselves or their business by use of signs or business cards stating their name and address.
12a. The inside stalls at the High Rock Market are either 16 feet wide or 8 feet wide. Stalls at other markets are (12) feet wide, adjusted at the discretion of the Market Manager. Lawn stalls are 10 feet wide.
12b. Market displays will be no more than 3′ from posts into pavilion in the center building, 4′ from posts in the end buildings. No vendor space shall exceed more than 30′ depth from posts.
13. Vendors will be assigned to markets according to spaces available at market, seniority, participation in the work share program, type of product, and satisfactory and timely market attendance and attitude. Markets will be assigned by the Board of Directors prior to the March membership meeting. All members will receive written notification of their market assignments and approved items.
14. Vendors who are unable to attend a market they signed up for must contact the market manager if they expect to miss a market day. If vendors are not in their stall a half-hour before the market starts, the Market Manager may, at his/her discretion, reassign that stall for that day.
III CRAFT GUIDELINES
1. The Purpose of these guidelines is to help preserve the integrity of the Saratoga Farmers’ Market. Crafts presented for sale at any Market are to be consistent with the overall “handmade/Homemade” atmosphere of the markets. All crafted products presented for sale at the market must be of high quality workmanship, must be locally produced, designed and executed by the craftsperson/member, and must reflect individual skill and professionalism.
2. A craft vendor is one who mainly sells craft items as opposed to vendors selling mainly agricultural or foods. Craft vendors will not exceed 10% of the total number of venders signed up for a particular market in a given year.
3. No more than (1/3) one third of the selling price of a craft item may be purchased materials. Manufactured items may be incorporated into the craftwork provided the vast majority of the product is handmade and reflects the skill of the craftsperson. Copies of another’s work or design will not be accepted.
4. At least 80% of the vendor’s total display area will be given over to the main item, 80% to crafts (if a craft vendor) or 80% to agricultural products or baked goods (if that type of vendor). Craft vendors may present agricultural products (not more than 20% of their display area) if they choose to, and have registered for them. Agricultural product vendors or food vendors may present crafts products (not more than 20% of their display area) if they choose to and have registered for them.
5. Kits or products made from kits are strictly prohibited.
6. If there is a question about a crafted item being made to these standards a written complaint must be made to the market manager or the President of the Association. The complaint may be referred to the Crafts Committee or other body as appropriate The vendor is subject to inspection and it is the vendor’s responsibility to produce the receipts and steps taken to produce the item,
7. Craftspeople must complete both the general market application and the craft application. People who have been vendors in previous years and who wish to present crafts when they have not previously, or who wish to present new crafts, must submit a craft application for the new crafts. The craft application procedure will be carried out by the Crafts Committee who, in turn, will report to the Board.
8. The Board delegates to the Craft Committee the authority to evaluate crafted items submitted for registration and to make its recommendations to the Board. Should a dispute arise, a craftsperson can make a written appeal to the Board for a ruling, which ruling is final and binding.
IV AGRICULTURAL GUIDELINES
1. Members growing bedding plants, hanging baskets, or potted plants may grow them only from seeds, plugs, dormant roots or bulbs, or cuttings.
2. For vegetables, rental of local fallow land is permitted. Rental of land supporting orchards and small fruits is permitted by members who are in full control and supervision of the individual steps of production with a majority of their own machinery and labor. A map must be submitted with the application, clearly indicating the rental land location, and the name and address of the owner.
3. No live animals (excluding fish) may be brought for sale to or sold at the market by any vendor (without prior approval by the Board of Directors). Meat vendors must comply with all federal, state, and local laws and regulations. All meat sold must be raised from weaning by the farmer. All live animals brought to the market as exhibits must be approved by the Market Manager.
V FOOD GUIDELINES
1. The purpose of these guidelines is to help preserve the integrity of the Saratoga Farmers’ Market. Processed foods presented for sale at any market are to be consistent with the overall “handmade/homemade” atmosphere of the markets. all processed foods should uphold high standards of quality and reflect professionalism.
2. A processed food is one wherein an ingredient or a combination of ingredients is modified from its/their original state by cutting, mixing, cooking, baking, or other process, resulting in a food product different from the original food. These foods are intended for human consumption.
3. A processed food vendor is one who mainly sells processed foods as opposed to those vendors who mainly sell crafts or agricultural products.
4. All baked goods must be fresh baked and prepared from scratch (no commercially prepared dough mixes, crusts, shells, fillings, or contents.) frozen or canned raw fruits or vegetables are acceptable provided there are no added spices or syrups. All other prepared foods must be made from scratch and approved by the board of directors.
5. All processed foods must demonstrate the skill of the producer. each vendor will be held responsible to justify all production methods.
6. Processed foods must comply with all federal, state, and local regulations. All processed foods that are not exempt must be produced in a licensed kitchen. Unless the licensed kitchen belongs to the vendor, it is required that the food be processed under supervision by a qualified food processor.
7. When possible, all processed foods must contain local ingredients. Foods in which at least some ingredients are raised by the producer are greatly preferred. Baked goods and other cereal goods such as pasta and granola are exempt from this requirement, although all producers are encouraged to find local sources for at least some of their ingredients, such as honey, eggs, oats, wheat.
8. Processed food vendors must complete both the general market application and the supplemental food application. people who have been vendors in previous years and who wish to sell processed food products when they have not previously, or who wish to sell new processed food products, must complete and submit the supplemental food application for the new foods. the processed food supplemental application procedure will be carried out by the processed food committee who, in turn, will report to the board of directors.
9. The Board delegates to the Processed Food Committee the authority to evaluate processed food items submitted for registration and to make its recommendations to the Board. Should a dispute arise, a processed food vendor can make a written appeal to the board for a ruling, which ruling is final and binding.
11. A food processor, when asked, must 1) produce receipts showing purchase of items used in the processing of the food item, unless the ingredients are grown by the vendor; and 2) describe the process(es) used in the food’s preparation to the satisfaction of the Processed Food Committee.
Failure to comply with these requirements will result in the Food Committee’s recommendation to the Board of Directors that the food applied for be declined.